Big Motor Traders LLC Brokerage Agreement

Effective Date: November 30, 2023

Big Motor Traders LLC (“Broker,” “we,” “us”), a Texas limited liability company, offers brokerage services to assist owners in selling used heavy equipment and machinery, including but not limited to Dozers, Excavators, Motor Graders, Trenchers, Backhoes, Compactors, Mini Excavators, Telehandlers, Vacuum Excavators, Vacuum Trucks, Wheel Loaders, and similar items (“Equipment”). By submitting a listing request or signing this Brokerage Agreement (“Agreement”), the equipment owner (“Owner,” “you”) agrees to the terms below.

1. Appointment and Commission

Brokerage Rights: Owner appoints Broker as a non-exclusive agent to market and sell the Equipment described in the listing submission or attached schedule (“Equipment to Be Sold”). Broker will list the Equipment for free and advertise it on platforms such as Machinio, eBay Motors, Google, and other marketplaces at Broker’s discretion.
Commission: For Equipment sold through Broker’s efforts, Broker will charge Owner a commission of 8% of the final sale price, unless otherwise agreed in writing. Broker will remit to Owner the sale proceeds minus the commission within 10 business days of receiving cleared funds, via wire transfer or check.
Direct Sales by Owner: If Owner sells the Equipment directly to a buyer not introduced by Broker, no commission is due. A buyer is “introduced by Broker” if listed on a Big Motor Traders LLC Buyer Inquiry Form provided to Owner prior to sale.

2. Owner’s Rights and Responsibilities

Ownership and Authority: Owner certifies they are the legal owner of the Equipment, or a duly authorized representative, and that the Equipment is free of liens or security interests unless disclosed in writing to Broker at listing. Owner warrants they have full authority to sell the Equipment and will provide accurate details (e.g., condition, hours, defects) in the listing submission.
Commission on Broker-Introduced Buyers: If Owner sells the Equipment (or similar equipment) to a buyer introduced by Broker—identified on a Big Motor Traders LLC Buyer Inquiry Form—Owner agrees to pay Broker a commission of 8% of the sale price, even if Broker does not facilitate the sale, payable within 10 days of the sale closing.

3. Broker’s Rights and Duties

Marketing and Inspection: Owner grants Broker and its agents the right to inspect, photograph, and show the Equipment to prospective buyers. Broker may set the asking price in consultation with Owner but retains discretion to adjust pricing or terms to facilitate a sale.
No Custody: Broker does not take possession, care, custody, or control of the Equipment—it remains with Owner until sold and transferred to the buyer.
Sale Process: Broker will negotiate with buyers and present offers to Owner for approval. Owner retains final authority to accept or reject offers unless otherwise delegated in writing.

4. Liability and Indemnity

Broker’s Liability: Owner agrees to hold Broker and its agents harmless from any loss, damage, or liability (e.g., fire, theft, storm, or acts of God) arising from Broker’s marketing efforts, except where caused by Broker’s gross negligence or willful misconduct.
Owner’s Indemnity: Owner shall indemnify, defend, and hold harmless Broker from any claims, losses, or damages (including legal fees) arising from inaccurate listing information, undisclosed liens, or Owner’s breach of this Agreement.

5. Term and Termination

Duration: This Agreement begins upon signing or listing submission and continues for 90 days, renewing automatically for additional 90-day terms unless terminated.
Termination: Either party may terminate with 10 days’ written notice (email to sales@bigmotortraders.com for Broker; Owner’s listed email for Owner). Termination does not affect commissions owed for sales to Broker-introduced buyers within 60 days post-termination.

6. Disputes and Governing Law

Resolution: Disputes will be resolved through negotiation first, then binding arbitration in Austin, Texas, under American Arbitration Association rules if unresolved within 30 days. The prevailing party is entitled to reasonable attorney’s fees and costs.
Law: This Agreement is governed by Texas law—venue for any legal action is Travis County, Texas.

7. General Provisions

Entire Agreement: This Agreement is the full understanding between Owner and Broker—prior talks or emails don’t apply unless in writing and signed. Any additional Owner terms are rejected unless expressly agreed in writing by Broker.
Amendments: Updates are posted at bigmotortraders.com—effective upon posting.
Severability: If a term is invalid, the rest stand.
Binding Effect: This Agreement binds the parties’ heirs, successors, and assigns.
Marketing: Owner consents to Broker using Equipment images in promotional materials, excluding Owner’s name or trademarks without written consent.

Contact Us: Questions? Reach out at 915-265-0265 or sales@bigmotortraders.com.